Legal Guide- Student Suicide by Jacqueline Valencia https://padlet.com/jvalencia64/Bookmarks Made with a wish on a star en-us 2021-06-08 18:39:27 UTC 2021-12-01 02:02:29 UTC hello@padlet.com Slide 1-LEGAL AND ETHICAL GUIDE TO SUICIDAL STUDENTS jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1911401421

Purpose and Audience

This guide was created as a resource for teachers and counselors with the intention to inform them of the laws and ethical principles that dictate how to proceed when a student attempts to and/or commits suicide.

Professional Perspective

I am a high school teacher currently pursuing a Master's degree in School Guidance and Counseling. I have worked with adolescents for a decade, and throughout this time I have come across several students who have demonstrated suicidal tendencies. It is important that as educators we know how to recognize these behaviors, know how to proceed, and be aware of the consequences if we do not act promptly.]]> 2021-11-24 22:46:56 UTC https://padlet.com/jvalencia64/Bookmarks/wish/1911401421 Slide 2- Professional Interview jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1916468771 To learn more about Suicidal tendencies among adolescent students, I interviewed Mrs. Angelica Gonzalez, school counselor at Trinidad Garza Early College High School.

Gonzalez has been a school counselor at the middle school and high school level for over a decade. During this time she has worked in schools that service inner city students. Recently, Gonzalez has seen an increasing concern from parents who worry that their children may be causing harm to themselves. Therefore, she believes that school counselors should adopt tools that help them better assess suicide risk in their students (A. Gonzalez, personal communication, November 9, 2021).
Best practices

According to A. Gonzalez (personal communication, November 9, 2021), the following are important in preventing suicide:

  • Provide training for all stakeholders, including teachers, staff, and students that help recognize warning signs and how to help a student that exhibits these signs.
  • Document risk assessment and notify parents.
  • Utilize district and community resources to refer students to obtain help.

Emerging Issue

Social media use among teenagers has led to cyber bullying in some instances. This issue has been so severe that some students have taken their own life. To prevent suicide due to cyber-bullying, Texas passed David's Law (SB 179) in 2017 which allows schools to investigate bullying after school hours.

References

David's Law, S.B. 179, 85th Texas Legislature (Tx, 2017). https://capitol.texas.gov/tlodocs/85R/billtext/pdf/SB00179F.pdf

]]> 2021-11-28 17:39:25 UTC https://padlet.com/jvalencia64/Bookmarks/wish/1916468771 Slide 3- Model School District Policy on Suicide Prevention: Model Language, Commentary, and Resources jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1916509062 This document outlines model policies and best practices for school districts to follow to protect the health and safety of all students by having procedures in place.

This resource is informative because not only does it include best practices for prevention, intervention, and postvention, but it also includes referral resources for all students and LGBTQ Youth.

This resource also includes relevant state laws and district liability. Schools have been sued over more complex issues, such as school climate and failure to reduce bullying, that were claimed to contribute to the suicide of a student.

References
American Foundation for Suicide Prevention, American School Counselor Association, National Association of School Psychologists & The Trevor Project (2019). Model School District Policy on Suicide Prevention: Model Language, Commentary, and Resources. https://www.schoolcounselor.org/getmedia/9b28c170-607a-428f-9dae-619850fa531b/Model-School-District-Policy-Suicide-Prevention.pdf




]]> 2021-11-28 18:29:10 UTC https://padlet.com/jvalencia64/Bookmarks/wish/1916509062 Slide 4- Top court in Massachusetts finds colleges and professors have duty to prevent student suicides jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1916509805 In 2009 an MIT graduate student committed suicide after a professor told him that an email that he had sent was rude and unprofessional.

The lawsuit that was filed by the student's father came to an end almost a decade later. The Supreme Court of Massachusetts found that the university could not be held liable.

The court found that the obligation to act to prevent a possible suicide is limited to circumstances where employees have "actual knowledge" of a previous suicide attempt while a student was enrolled, or shortly before enrolling, or a student has communicated their plans or intentions to commit suicide (Jaschik, 2018).

References

Jaschik, S. (2018, May 8). The duty to prevent suicide. Inside Higher Ed. https://www.insidehighered.com/news/2018/05/08/top-court-massachusetts-finds-colleges-and-professors-have-duty-prevent-student

]]> 2021-11-28 18:30:03 UTC https://padlet.com/jvalencia64/Bookmarks/wish/1916509805 Slide 5- Students Can Now Miss School for a "Mental Health Day" jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1916509948 In 2019, Oregon legislature passed a bill that allows students five excusable mental health days in a three-month period. Similarly, in Utah, permissible illnesses were expanded in 2018 to include mental illnesses in addition to physical illnesses (Fleming, 2019).

According to mental health advocates, the changes in school policy have been big steps in reducing the stigma around youth mental health and suicide. However, the new legislature has received some pushback from both parents and educators who questioned the necessity of spelling out “mental health” as a reason for a sick day (Fleming, 2019).

References

Fleming, N. (2019, August 9). 

Students Can Now Miss School for a ‘Mental Health Day’. Edutopia. https://www.edutopia.org/article/students-can-now-miss-school-mental-health-day


]]> 2021-11-28 18:30:13 UTC https://padlet.com/jvalencia64/Bookmarks/wish/1916509948 Slide 6- H.R. 586- STANDUP ACT of 2021- Statutory Law jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1916519116 This bill requires state, tribal, and local educational agencies that receive grant funding for priority mental-health needs, including through the Project AWARE State Education Agency Grant Program, to establish and implement evidence-based suicide awareness and prevention training policies. 

Administration, in coordination with the Department of Education and Bureau of Indian Education, must provide educational agencies with best practices for these trainings.

References

H.R. 586, STANDUP Act of 2021, 117th Congress (2021). https://www.congress.gov/bill/117th-congress/house-bill/586?q=%7B%22search%22%3A%5B%22Suicide+and+Threat+Assessment+Nationally+Dedicated+to+Universal+Prevention+Act%22%5D%7D&r=3&s=3

]]> 2021-11-28 18:42:47 UTC https://padlet.com/jvalencia64/Bookmarks/wish/1916519116 Slide 7- Eisel v. Board of Education of Montgomery (1991)- Judicial Law jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1916537895 In Eisel vs. Board of Education of Montgomery County (1991), a 13-year-old female student died in an apparent murder-suicide pact with another student. Her father sued the school district and two of its school counselors, arguing that their special relationship with his daughter imposed a duty on them to report her suicidal ideations to him and his wife.
The trial court dismissed the father’s lawsuit. On appeal, however, Maryland’s highest court sent it back to the lower court for a trial. The appellate court listed foreseeability of harm as the leading factor in determining whether school employees had a duty to warn the student’s parents. Ultimately, the jury in the lower court determined that the school counselors were not liable for the student’s death.

References

Eisel v. Board of Education of Montgomery, 324 Md. 376 (Md. 1991) https://casesearch.courts.state.md.us/casesearch/inquiryDetail.jis?caseId=40858V&loc=68&detailLoc=ODYCIVIL]]> 2021-11-28 19:06:46 UTC https://padlet.com/jvalencia64/Bookmarks/wish/1916537895 Slide 8- 34 C.F.R. § 300.34- Administrative Law jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1916598386 Counseling Services (34 CFR 300.34(c)(2))

Counseling services means services provided by qualified social workers, psychologists, guidance counselors, or other qualified personnel.

Psychological Services (34 CFR 300.34(c)(10))

Psychological services includes:
(i) Administering psychological and educational tests, and other assessment procedures;
(ii) Interpreting assessment results;
(iii) Obtaining, integrating, and interpreting information about child behavior and conditions relating to learning;
(iv) Consulting with other staff members in planning school programs to meet the special educational needs of children as indicated by psychological tests, interviews, direct observation, and behavioral evaluations;
(v) Planning and managing a program of psychological services, including psychological counseling for children and parents; and
(vi) Assisting in developing positive behavioral intervention strategies.

References

Related Services, C.F.R 34 § 300.34 (2021) https://www.ecfr.gov/current/title-34/subtitle-B/chapter-III/part-300/subpart-A/subject-group-ECFR0ec59c730ac278e/section-300.34


]]> 2021-11-28 20:31:01 UTC https://padlet.com/jvalencia64/Bookmarks/wish/1916598386 Slide 9- U.S. Constitution Fifth Amendment- Constitutional Law jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1916646057 'No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury... nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law."

The Fifth Amendment of the U.S. Constitution applies to educators who may be accused of negligence due to a student committing suicide.

References

U.S. Const. amend. V, § 4]]> 2021-11-28 21:46:00 UTC https://padlet.com/jvalencia64/Bookmarks/wish/1916646057 Slide 10- Local Administrative Law on Suicide Awareness jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1916665701 As part of their prevention system, Dallas ISD created a mental health services department that provides help to students and provides referrals when needed.

Yearly training is provided to educators that helps them recognize, respond and refer students. Dallas ISD advices that while it is acceptable to show concern, teachers should avoid providing counseling.

Dallas ISD also has a policy that clearly states that only licensed professionals can communicate with students after hours. If a school counselor is not available, then Dallas dispatch phone number should be dialed to receive help.

References

Psychological & Social Services. (2015). Suicide Sensitivity & Training Responsibilities. Dallas ISD. https://www.dallasisd.org/cms/lib/TX01001475/Centricity/Domain/13649/PSS_Suicide%20Sensitivity%20%20Responsibilities%202015-2016%20FINAL%20pdf_10_26_2015.pdf


]]> 2021-11-28 22:19:35 UTC https://padlet.com/jvalencia64/Bookmarks/wish/1916665701 Slide 11- Legal and Ethical Standards jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1916677951 Section A.9 of the ASCA Ethical Standards for School Counselors (ASCA, 2016) outlines the duties of school counselors in case of serious and foreseeable harm to self and others.  This section explicitly informs that:

  1. School counselors should inform parents/guardians of their child's intent.
  2. Conduct a risk assessment and include an intervention plan.
  3. Do not release students who are in danger or could be a danger to others.

This information is important because it clearly explains the expectations of how a counselor should act when a student has expressed verbally or non-verbally of their actions.

References

American School Counselor Association. (2016). ASCA Ethical Standards for School Counselors. https://www.schoolcounselor.org/getmedia/f041cbd0-7004-47a5-ba01-3a5d657c6743/Ethical-Standards.pdf

]]> 2021-11-28 22:41:05 UTC https://padlet.com/jvalencia64/Bookmarks/wish/1916677951 Slide 12- Personal Connection jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1919433945 As a student, stress is an inevitable part of the education journey. Sometimes the stress can be due to school, peer interactions or juggling both while also working. For some students, stress can lead to suicidal thoughts.

Application

Reviewing the laws and policies in place allowed me to better understand how a school counselor should proceed when dealing with a student who is in danger of committing suicide.

1. Schools should provide psychological services to students and provide an intervention plan.
2. Although educators have a duty of care while at school, they cannot be held liable for a student's suicide if they are not aware of their existing mental problems.
3. Educators cannot be deprived of their liberty without due process of law. Tort should be proven in the court of law to hold an educator liable of negligence.

Feelings

  • Learning about the new bills that provide for mental health days for students makes me hopeful that education is moving in the right direction and focusing on other aspects other than academics.
  • During my counseling practicum I was present during a meeting with the parent of a student who had written in her diary that she did not want to live. I believe that it is important that counselors check-in with students more often and provide parents with proper training so they know how to act immediately.
  • We must take every word that a student says seriously even if they may say they are joking. If a student threatens to kill themselves and we ignore it, we are liable for their death.
]]> 2021-11-30 02:49:47 UTC https://padlet.com/jvalencia64/Bookmarks/wish/1919433945 Slide 13- Best Practices jvalencia64 https://padlet.com/jvalencia64/Bookmarks/wish/1919434361
  • Training should be provided to educators in K-12 education as well as those in higher education.
  • Schools districts should have a policy that clearly define the procedures to prevent, intervene and help students transition back to school after the attempt.
  • Bullying can lead to suicide attempt. It is important that schools investigate cyberbullying and investigate any attempts that occur after school hours.
  • Mental health services need to be available for all students.
  • School counselors and educators act in loco parentis and have a duty of care for students. Any student that exhibits suicidal behavior cannot be released until a risk assessment is conducted.
  • In higher education settings, if medical care is refused, the college employee must notify the student's emergency contact.

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